High Court of Punjab and HaryanaCRM-M/37286/2016allowed

Brij Mohan v. State Of Punjab

2016-12-06Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-37286 of 2016 (O&M) Date of Decision: December 06, 2016 Brij Mohan

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Deepak Aggarwal, Advocate for Mr.Veneet Sharma, Advocate for the petitioner.

Mr.P.S.Grewal, Deputy Advocate General, Punjab for the respondent-State.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.172 dated 29.09.2016 under Section 61 of the Punjab Excise Act, registered at Police Station 'C' Division, Amritsar City, District Amritsar.

Notice of motion was issued and learned State counsel appeared and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. From the record, I find that in the present case, FIR has been registered on the basis of the secret information. The recovery in the Vineet Gulati 2016.12.08 10:22 I attest to the accuracy and authenticity of this document Chandigarh present case is of 8 boxes of Whisky make Royal Stag etc. The petitioner

CRM No.M-37286 of 2016 -2was not apprehended on the spot.

The petitioner has already joined the investigation. The recovery has already been effected. The petitioner is not required for interrogation or investigation purposes. No useful purpose will be served by sending the petitioner to custody till the disposal of the case. Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I find it a fit case where petitioner is entitled to benefit of anticipatory bail. Therefore, finding merit in the present petition, the same is allowed. The order dated 20.10.2016 granting interim bail to the petitioner is made absolute. December 06, 2016 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2016.12.08 10:22 I attest to the accuracy and authenticity of this document Chandigarh